Promoshirt Sm Sa vs Armassuisse And Another on 6 September, 2023
Mr. Anand also
drew our attention to the decision rendered by a Division Bench of our
Court in N.G. Nanda & Ors. v. Gurbax Singh & Ors.14, which again
dealt with the scope and ambit of Section 100-A of the Code. It
becomes pertinent to note that the aforesaid judgment was rendered in
the context of the civil court disallowing an application for setting
aside the abatement of a suit and the appeal which was taken in that
respect before a learned Single Judge. The learned Single Judge had
proceeded to allow the said appeal permitting the impleadment of the
heirs of the deceased in the suit proceedings. The said order of the
learned Single Judge was assailed by way of an LPA before the
Division Bench of our Court. That appeal came to be dismissed as
being not maintainable in light of Section 100-A of the Code. The
decision cited for our consideration in N.G. Nanda was one which was
handed out on the review petition which came to be preferred. The
review petition was rejected and the original decision of the Division
Bench was reaffirmed.